Acceptance of Terms
By using our Service, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
We may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Sites or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
The Products and Service are available only to individuals who are at least 18 years old and capable of forming a binding contract with us. If you want to use certain features of the Service, such as purchasing our Products, you will have to create an account (“Account”). You can do this via our Sites or through your account with certain third-party social networking services such as Facebook or Twitter (each, an “SNS Account”). If you choose the SNS Account option we will create your Account by extracting from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS Account permit us to access.
It is important that you provide us with accurate, complete and up-to- date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to- date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
You can purchase our Products by placing orders via our Sites. Hawk Tools LLC reserves the right, in its sole discretion, to refuse to process or to cancel your order in certain circumstances. This may happen, for example, when the Product you ordered is out of stock, there are inaccuracies or errors in Products or pricing information, or our credit and fraud avoidance department identifies problems or in other circumstances that we, in our sole discretion, deem appropriate. Hawk Tools also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. We will not charge you for orders that we do not process or cancel. If we have already charged you for your order, then we will refund you the amount charged.
Fees and Payment
You will be charged immediately upon placing an order. Hawk Tools will use commercially reasonable efforts to have orders delivered within the estimated delivery time. However, sometimes items may be delayed due to factors beyond our control, and we will not be liable for any such delays. If you are making payment by credit card, you hereby authorize Hawk Tools or its third party payment processing service providers to charge your credit card for the price of the Products you have purchased.
Hawk Tools reserves the right to require payment of fees for certain features of the Service. Should you elect to subscribe to or use such features, you agree to pay all applicable fees, as described on the Sites in connection with such features. Hawk Tools reserves the right to change its price list, product and service offerings, and to institute new charges at any time. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges or prices
We attempt to provide accurate descriptions of Products on our Sites and the App. However, there may be inaccuracies in the Product descriptions, or the colors of the Products may vary from one monitor to another. Accordingly, Hawk Tools does not warrant that the Product descriptions, colors, images or videos are accurate, complete, reliable, current or error-free. If a Product offered on our Sites is not as described, your sole remedy is to contact us in accordance with our Return Policy.
Pricing and Discount Information
We strive to provide accurate pricing information about Products. We cannot, however, insure against pricing errors. Hawk Tools reserves the right, at its sole discretion, to refuse to process or cancel any orders placed for a Product whose price was incorrectly posted on the Sites as a result of an error. If this occurs, Hawk Tools will notify you by email. In addition, Hawk Tools reserves the right, in its sole discretion, to correct any errors in the listed price on its Sites.
We display discounts on our Sites in connection with each Product. Discounts are calculated using pricing information provided to us by merchants (such as suggested retail prices from the manufacturer, supplier, or the merchant, or an estimated price based on standard industry practice).
Hawk Tools may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Sites. The provisions relating to Purchases, Ownership of Site and Services, Export Policy and Restrictions, Feedback, Termination, Warranty Disclaimers, Limitations of Liability Dispute Resolution and General Terms will survive termination of these Terms.
These Terms constitute the entire and exclusive understanding and agreement between Hawk Tools and you regarding the Service (including Products), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hawk Tools and you regarding the Service (including Products). If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Hawk Tools prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null.
Hawk Tools may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Hawk Tools under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Hawk Tool’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Hawk Tools. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Copyright and Trademark Notices
Unless otherwise indicated, the Terms and all Content provided by Hawk Tools are copyright © 2019-2020 Hawk Tools, Inc. All rights reserved. “Hawk Tools” is a trademark of Hawk Tools. The names of any actual companies and products mentioned at the Sites may be the trademarks of their respective owners.